Plaintiff, the DVD Copy Control Association, Inc. ("DVD CCA"), by its
attorneys, Weil, Gotshal & Manges LLP, for its Complaint, alleges as
follows:

INTRODUCTION

1.
Plaintiff, DVD CCA, a trade association and the sole licensing entity for
Digital Video Disc ("DVD") technology, brings this action to enjoin
defendant web site owners ("Defendants") from their continued
misappropriation of trade secrets licensed by DVD CCA. DVD CCA is informed
and believes, and based thereon alleges that Defendants have disclosed, and
continue knowingly and willfully to disclose, proprietary information on their
Internet web sites as part of a scheme to defeat DVD encryption software which
thus enables users to illegally pirate copies of DVD videos.

2.
The named defendants, and certain Doe defendants, continue their unauthorized
posting of proprietary information -- which they either obtained by improper
means or knew or should have known was obtained by others by improper means --
despite the fact that cease and desist letters were sent to their web sites
demanding that such proprietary information be taken down from their sites.
After receiving such notice, many such web sites voluntarily removed the
proprietary information at issue from their sites. Certain defendants have
not received any notice to date because their existence has only recently come
to the attention of DVD CCA.

3.
Defendants' posting of the proprietary information licensed by DVD CCA on their
web sites has caused the illegal pirating of the motion picture industry's
copyrighted content contained on DVDs. Defendants' actions threaten the
financial stability of this new digital video format for viewing movies and
other images -- which has thus far been well received by the consuming public.
Additionally, Defendants' actions threaten the very existence of DVD CCA and the
hundreds of companies involved in the DVD industry, including 73 companies in
California of which there are 42 in this county and an additional 17 in other
Bay area locations. Moreover, if Defendants are not restrained and
enjoined, their unchecked illegal activities will chill future technological
innovation in the motion picture, consumer electronics and computer industries
and discourage other industries from making their content available to the
public (as the motion picture industry has done here) in new formats.

PARTIES

The Plaintiff

4.
Plaintiff, DVD CCA, is a not-for-profit trade association organized under the
laws of the State of Delaware and has its principal place of business at 225 B
Cochrane Circle, Morgan Hill, California. DVD CCA is the sole licensor of
a proprietary system for the encryption and decryption of data contained on DVDs
known as the Content Scramble System (or "CSS").

The Defendants

5.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Andrew Thomas McLaughlin ("McLaughlin") is a citizen of the State of
California, and operates an Internet web site addressed as mclaughlin.orange.ca.us/~andrew.

6.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Andrew Bunner ("Bunner") is a citizen of the State of California, and
operates an Internet web site addressed as www.sharedlib.org/decss.zip.

7.
DVD CCA is informed and believes, and based thereon alleges, that defendant John
V. Kew ("Kew") is a citizen of the State of California, and operates
an Internet web site addressed as www.logorrhea.com/deCSS.html.

8.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Scott Karlins ("Karlins") is a citizen of the State of Georgia, and
operates an Internet web site addressed as www.theresistance.net/files.html.

9.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Glenn Rosenblatt ("Rosenblatt") is a citizen of the State of New York,
and operates an Internet web site addressed as www.pzcommunications.com/decss/main.html.

10.
DVD CCA is informed and believes, and based thereon alleges, that defendant Dale
Emmons ("Emmons") is a citizen of the State of Wisconsin, and operates
an Internet web site addressed as www.frozenlinux.com/civ/decss.

11.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Emmanuel Goldstein ("Goldstein") is a citizen of the State of New
York, and operates an Internet web site addressed as www.2600.com/news/1999/1112.html.

13.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Jonathan Blank ("Blank") is a citizen of the State of Oklahoma, and
operates an Internet web site addressed as caspian.twu.net/dvd.

14.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Roger Kumar ("Kumar") is a citizen of the State of Pennsylvania, and
operates an Internet web site addressed as www.bigteam.org.

15.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Robert Jones ("Jones") is a citizen of the State of South Carolina,
and operates an Internet web site addressed as www.dev.zero.org/freecss.html.

16.
DVD CCA is informed and believes, and based thereon alleges, that defendant En
Hong ("Hong") is a citizen of the State of Georgia, and operates an
Internet web site addressed as www.dvd-digest.com.

17.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Matthew Robert Pavolich ("Pavolich") is a citizen of the State of
Indiana, and operates an Internet web site addressed as www.livid.on.openprojects.net.

18.
DVD CCA is informed and believes, and based thereon alleges, that defendant Ian
A. Gulliver ("Gulliver") is a citizen of the State of New York, and
operates an Internet web site addressed as www.gullii.stu.rpi.edu/dvd.

19.
DVD CCA is informed and believes, and based thereon alleges, that defendant Jon
Hanson ("Hanson") is a citizen of the State of Kansas, and operates an
Internet web site addressed as www.jonhanson.com/dvd.

20.
DVD CCA is informed and believes, and based thereon alleges, that defendant
David M. Chan ("Chan") is a citizen of the State of Minnesota, and
operates an Internet web site addressed as www.dumn.edu/~dchan/css.

21.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Cameron Simpson ("Simpson") resides in Dundas Valley, Australia, and
operates an Internet web site addressed as www.zip.com.au/~cs.

22.
DVD CCA is informed and believes, and based thereon alleges, that defendant Tom
Vogt ("Vogt") resides in Wedel, Denmark, and operates an Internet web
site addressed as www.lemuria.org/DeCSS.

23.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Cyril Amsellem ("Amsellem") resides in Val de Marne, France, and
operates an Internet web site addressed as www.dvd-area.com.

24.
DVD CCA is informed and believes, and based thereon alleges, that defendant
Thorsten Fenk ("Fenk") resides in the country of Germany, and operates
an Internet web site addressed as tasam.com/~fenkt/dvd.

26.
DVD CCA is unaware of the true names and/or capacities of the defendants sued
herein under the fictitious names Does 1-500, pursuant to Code of Civil
Procedure Section 474, who each were responsible in some way for the acts and
omissions complained of herein. DVD CCA will seek leave of court to amend
the complaint to allege such names and capacities at such time as they are
ascertained.

27.
DVD CCA is informed and believes, and based thereon alleges, that each of the
Doe defendants 1 through 26 operate Internet web sites, at the below addresses,
which disseminate confidential proprietary CSS information and also provide
"links" to other web sites which disseminate such information:

28.
DVD CCA is informed and believes, and based thereon alleges, that each of the
Doe defendants 27 through 54 operate Internet web sites, at the below addresses,
which disseminate confidential proprietary CSS information:

29.
DVD CCA is informed and believes, and based thereon alleges, that each of the
Doe defendants 55 through 72 operate Internet web sites, at the below addresses,
which provide "links" to other web sites which disseminate
confidential proprietary CSS information:

30.
DVDs provide high quality images, such as motion pictures, digitally formatted
on a convenient 5-inch disc that is resistant to wear and damage and allows for
many attractive consumer features not presently available in other video
formats. DVD video discs containing data comprising motion pictures in
encrypted form can be played either on special purpose machines ("DVD
Players") or personal computers ("PCs") equipped with DVD drives.
Encryption is necessary to prevent copying of the copyrighted material on the
DVD. In order that the copyrighted motion picture can be played, either
form of player device requires implementation of the CSS algorithm and
"master keys" to carry out the decryption of the data stored on the
disc. The implementation that provides this decryption function is
developed by the licensees of DVD CCA using the detailed specifications which is
provided by DVD CCA to such licensees.

31.
Before allowing their copyrighted motion pictures to be used on the DVD format,
the motion picture companies insisted on a viable copy protection system to
prevent users from making copies of the motion pictures. Such protection
is necessary to prevent copying from discs that are rented or borrowed and, more
importantly, to prevent broader scale piracy through widespread transmission of
these motion pictures over the Internet and widespread distribution of
"pirated" discs in competition with the authorized prerecorded discs.

32.
Without the motion picture companies' copyrighted content for DVD video, there
would be no viable market for computer DVD drives and DVD players, as well as
the related computer chips and software necessary to run these devices and,
thus, there would be no DVD video industry.

33.
CSS is proprietary technology that was developed to provide the protection
demanded by the motion picture companies against unauthorized copying of their
copyrighted material. This proprietary technology, including trade
secrets, is currently being licensed by DVD CCA, as the sole duly authorized
licensing entity for the CSS technology. Any party desiring lawfully to
use the CSS technology -- either to encrypt content or decrypt content -- must
do so through a license from DVD CCA.

The CSS Agreement as Mechanism to Protect DVD Encryption Software

34.
Beginning on or about October 31, 1996, DVD CCA's predecessor-in-interest began
licensing CSS technology pursuant to an agreement that later became the Amended
and Restated CSS Interim License Agreement, including the related CSS PROCEDURAL
AND AMENDED AND RESTATED TECHNICAL SPECIFICATIONS (collectively, the "CSS
Agreement"). Since that time hundreds of licensees have entered into
the CSS Agreement. The CSS Agreement sets forth the terms and conditions
under which the CSS licensing entity (currently DVD CCA) would grant licenses
to, among others, manufacturers of DVD players or DVD drives and related
hardware and software. Licensees were granted the right to use the
security system on DVD products and agreed to safeguard the CSS technology from
public disclosure.

35.
The CSS Agreement gives the licensees the right to use the technology, and
provides the necessary descrambling technology and "master keys" to do
so. The proprietary technology is not accessible to unlicensed third
parties because it is either incorporated in hardware devices -- chips -- or
made tamper resistant if distributed in the form of actual software. Both
forms of distribution are such that the proprietary technology cannot be viewed
by non-licensees. Each licensee is assigned a set of "master
keys" unique to each licensee. When the DVD system was created,
approximately 400 such "master keys" were predesignated, to be
assigned to licensees over time, and each DVD disc contains, in a part of the
disc not normally read by the player device, a file containing the 400
"master keys." The system will not operate unless the key
contained in the licensee's decryption module (a chip or software program)
matches one of the "master keys" stored on the DVD disc.

36.
The CSS Agreement requires licensees to maintain the confidentiality of certain
defined pieces of information, such as the algorithms and "master
keys" and, as such, licensees are subject to a very stringent set of rules
to ensure the maintenance of confidentiality within the group of licensees.

37.
Among the safeguards taken is the requirement that only those licensees that
absolutely need to know a particular algorithm and/or key are provided with such
information. For example, a manufacturer of semiconductor chips for
descrambling CSS content in stand-alone DVD players is provided with information
necessary for manufacturing such chips but not with information concerning the
scrambling process itself or the authentication between DVD drives and the
descrambling module used for computer-based implementations. Companies
that merely assemble parts and components produced by others may be required to
be licensees in order to purchase such parts and components, but these companies
are not provided with the proprietary CSS information at issue.

38.
The CSS Agreement mandates that licensees provide the proprietary CSS technology
at issue only to the strictest minimum number of licensee's employees who
require access to the information, beginning with only three employees and
expanding beyond three only upon notification to the licensor of the names of
the additional employees. Licensees who violate these requirements are
subject to liquidated damages in the amount of $1 million per violation (with a
cap based on profits made from the sale of licensed products).

39.
Additionally, licensees implementing authentication and descrambling functions
in the software are required to do so only in a manner that obscures the
proprietary CSS technology at issue, so as effectively to frustrate anyone
seeking to obtain such proprietary information. Specific means of
accomplishing this protection requirement are provided to licensees to
illustrate the types of measures to be taken and the level of technical skill
that must be employed to defeat any such measures. Failure to abide by
these operating restrictions can subject the licensee to injunctions prohibiting
the sale of the product in which the failure occurs, through actions brought
either by the licensor or by third party beneficiary content owners.

Creation of DVD CCA

40.
DVD CCA's predecessor-in-interest began the process of licensing companies to
use the technology pursuant to copy protection rules contained in the
"procedural specifications" associated with the CSS Agreement.
The companies in the DVD video business (motion picture, computer, and consumer
electronics companies) recognized that the licensing of CSS technology, which is
and was critical to the adoption of the DVD video format, ought to be controlled
and administered by the companies in the three industries together and that the
costs associated with such critical intellectual property protection should be
borne by the hundreds of companies involved in the DVD video business.

41.
The DVD industry agreed that the best solution would be the creation of a
licensing entity owned and controlled by the licensees of the technology,
pursuant to governance rules that balanced the interests of the three industries
involved.

42.
The DVD Copy Control Association, Inc. was, therefore, formed in December 1998
as a Delaware not-for-profit trade association.

43.
The transition to have DVD CCA become this tri-industry licensing administrator
began some time ago. In September 1999, DVD CCA hired its first staff and
occupied offices in Morgan Hill, California. Following staff training and
working with personnel of DVD CCA's predecessors-in-interest, who have
administered the CSS Agreement, in early December 1999, DVD CCA and its
predecessor signed an agreement, whereby DVD CCA began itself to handle the
day-to-day licensing tasks pursuant to the CSS Agreement.

44.
In mid-December 1999, DVD CCA's predecessor-in-interest assigned its licensing
interests under the CSS Agreement making DVD CCA the sole licensing entity which
grants licenses to the CSS technology in the DVD video format.
Additionally, DVD CCA was given direct rights to enforce the CSS Agreement.

The "Hack" of the CSS Technology

45.
As early as October 25, 1999, the source code of a program named DeCSS was
posted on the Internet by Jon Johansen, an individual residing in Norway, on the
web site mmadb.no/hwplus/Software/DeCSS/decss.html. The DeCSS program
which appeared on this web site embodies, uses, and/or is a substantial
derivation of confidential proprietary information which DVD CCA licenses
pursuant to the CSS Agreement. The DeCSS program and links to other sites
with the DeCSS program were removed from the web site on or around November 8,
1999. The program was removed by Mr. Johansen after a demand to remove the
infringing information was sent to him by an attorney from Simsonsen & Musæus,
a Norwegian law firm. A link to the DeCSS program reappeared on the site
on December 11, 1999. It is not clear who is responsible for posting the
link. The web site operator is named as Doe defendant 70 in this
Complaint.

46.
On information and belief, the DeCSS program first appeared in the United
States, as early as October 25, 1999, on a web site operated by defendant
Pavolich addressed as www.livid.on.openprojects.net.

47.
On information and belief, this proprietary information was obtained by
willfully "hacking" and/or improperly reverse engineering software
created by CSS licensee Xing Technology Corporation ("Xing").
Xing's software is and was licensed to users under a license agreement which
specifically prohibits reverse engineering.

48.
Since the October 25, 1999 appearance of DeCSS, proprietary CSS information has
been displayed on web sites (or by web sites "linking" to other web
sites which display the information) in at least 11 states and 11 countries
throughout the world. Extensive investigative efforts were immediately
undertaken by DVD CCA and the Motion Picture Association's ("MPA")
anti-piracy task force, to locate web sites which were posting and/or
"linking" to other sites posting the proprietary information, and
Internet service providers which were hosting such sites. The MPA sent
notices to 66 web sites and Internet service providers demanding that this
information be removed immediately. After receiving such notice,
approximately 25 of these web sites and Internet service providers voluntarily
removed the proprietary information or "links" to the information at
issue. On information and belief, all named defendants (with the exception
of defendant Hanson) and Does 1, 8, 10 through 14, 16, 26, 28, 31, 32, 33, 35,
48 through 54, and 62 through 72 have received notice through the MPA and
refused to remove the information at issue. Defendant Hanson and the other
Doe defendants have not received any notice to date because their existence has
only recently become known.

49.
Defendants knew or should have known when they posted or provided
"links" to the DeCSS program on their web sites that it was being made
available by virtue of the unauthorized use of proprietary information and that
they were misusing proprietary confidential information gained through improper
means. This is because the DeCSS program has the capability to defeat DVD
encryption software and, as a result, the DeCSS program allows users to
illegally pirate the copyrighted motion pictures contained on DVD videos - -
activity which is fatal to the DVD video format and the hundreds of computer and
consumer electronics companies whose businesses rely on the viability of this
digital format.

50.
Information posted on Defendants' web sites establishes that they are fully
aware that, in posting or "linking" to the DeCSS program, they are
wrongfully appropriating proprietary trade secrets. For example:

(a)
Defendant McLaughlin explains to visitors of his site: "Mark of the
scofflaw! Here's my local copy of the CSS decryption software,
enjoy[;]"

(d) in response to the MPA and DVD CCA's anti-piracy
efforts, including cease and desist letters, defendants Vogt, Blank, and Doe
defendants 4, 9, 23 and 37 provide a "Note to the lawyers and other scum
… It was the DVD consortium that f***up, …[;]"

(e) similarly, defendant Jones explains
"Listen, lawyers, and those you represent: This is none of your
concern. The horse has been let out[;]" mocking the "trained
weasels you call lawyers[;]"

51.
DVD encryption technology was (and is) critical to the adoption and utilization
of the DVD format. Without such copy protection, the motion picture
companies would not have allowed their copyrighted motion pictures to be
available in this new digital video format. Without motion picture
content, there would be no viable market for computer DVD drives and DVD
players, as well as the related computer chips and software necessary to run
these devices. Accordingly, the Defendants' continued misappropriation of
proprietary CSS technology will have a devastating effect on DVD CCA and many
other California businesses in the motion picture, computer, and consumer
electronics industries, who have invested substantial amounts of money and
resources in the development of the DVD video format.

52.
The sole business purpose and reason for the existence of DVD CCA, a trade
association headquartered in Morgan Hill, California, is to be the tri-industry
licensing entity and administrator of the CSS technology. Defendants'
continued misappropriation and dissemination of proprietary CSS technology
threatens the existence of the DVD format and, thus, the very existence of DVD
CCA. If the proprietary nature of the CSS technology is compromised, it
will likely mean the end of this California business.

53.
The effect of the unlawful activities of the Defendants on the motion picture
industry, centered in California -- as well as on the numerous California
computer and consumer electronics businesses, including 73 companies in
California of which there are 42 in Santa Clara County and an additional 17 in
other Bay area locations -- is immeasurable. Apart from the substantial
resources that these industries have invested in the adoption of the DVD format,
the wholesale copying and distribution of copyrighted motion pictures destroys
the motion picture industry's ability to protect its intellectual property and
destroys the market for the computer and consumer electronics industries'
DVD-based products.

54.
In addition to the immediate consequence that copyrighted motion pictures have
been pirated, the "hack" and disclosure of the CSS proprietary
information has already had a very serious adverse effect on consumers, in
California and elsewhere, in that the introduction of a related product -- DVD
audio -- has been delayed. The major music companies have indicated that
they are not prepared to use a "compromised" system to protect their
content and have insisted on the creation of a new technology and system.
The launch of DVD audio products, planned for December 1999, has, thus, been
postponed for at least six months while new copy protection technology is
developed, agreed upon, and implemented.

FIRST CAUSE OF ACTION(Misappropriation of Trade Secrets)

55.
DVD CCA repeats and realleges the allegations of paragraphs 1 through 54 of this
Complaint and incorporates them herein by reference.

56.
DVD CCA and its predecessors-in-interest have adopted reasonable measures as
described herein to maintain the secrecy of the CSS information at issue.

57.
DVD CCA and its predecessors-in-interest, as well as companies in the motion
picture, computer, and consumer electronics industry have invested substantial
amounts of money and resources in the development of safeguards, such as the CSS
licensing mechanism, to protect copyrighted material contained on DVD discs.
The CSS license and, in particular, how it protects the DVD technology, is of
great commercial importance to DVD CCA and the motion picture, computer, and
consumer electronics industries.

58.
The proprietary algorithms and/or "master keys" of the CSS are
valuable proprietary property and trade secrets currently licensed by DVD CCA.

59.
Defendants knew or should have known when they posted the DeCSS program on their
web sites or provided "links" to other sites posting this program,
that such program was created through the unauthorized use of proprietary CSS
information, which was illegally "hacked."

60.
Defendants knew or should have known when they posted or "linked" to
the DeCSS program that they were misusing confidential, proprietary information
belonging to DVD CCA or one of its predecessors-in-interest and/or that their
activities were improper because such program was designed specifically to
enable users to defeat CSS encryption in order to illegally pirate DVD videos
and, thus, was specifically aimed at infringing motion picture industry
copyrights in the DVD contents.

61.
Defendants' posting or "linking" to the DeCSS program on their web
sites, with full knowledge of its unlawful purpose and despite notice of its
infringing nature and demands to remove the same, constitutes the willful
misappropriation of the CSS trade secrets at issue.

62.
As a result of Defendants' misappropriation of its trade secrets, DVD CCA has
suffered and continues to suffer irreparable injury, for which there is no
adequate remedy at law.

63.
Defendants' misappropriation of the CSS trade secrets was carried out in a
willful, wanton and reckless manner in disregard of the rights of DVD CCA.

64.
Unless enjoined by the Court, Defendants will continue their misappropriation of
the CSS trade secrets by continuing to post and "link" to the
proprietary information on their web sites and plaintiff will continue to suffer
irreparable harm.

2. entering a
temporary restraining order and preliminary and permanent injunctions, enjoining
and restraining Defendants, their officers, directors, principals, agents,
servants, employees, attorneys, successors and assigns, and all those acting in
concert, combination or participation with any of them either directly or
indirectly, singly or together, from making any further use or otherwise
disclosing or distributing, on their web sites or elsewhere, or
"linking" to other web sites which disclose, distribute, or
"link" to any proprietary property or trade secrets relating to the
CSS technology and specifically enjoining Defendants, its officers, directors,
principals, agents, servants, employees, attorneys, successors and assigns, and
all those acting in concert, combination or participation with any of them
either directly or indirectly, singly or together, from copying, duplicating,
licensing, selling, distributing, publishing, leasing, renting or otherwise
marketing the DeCSS computer program and all other products containing, using,
and/or substantially derived from CSS proprietary property or trade secrets;

3. awarding
to DVD CCA the costs of this action, reasonable attorneys fees, and such further
and other relief as is found just and proper.